The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

except that, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants (Defendant A: Imprisonment with prison labor for 6 months, Defendant B with prison labor for 8 months) is too unreasonable.

Judgment

The unfair receipt of subsidies, such as the crime of this case, must be strictly punished in that it harms the soundness of the subsidy project, causes the financial soundness of the state, and eventually causes damage to the people, and the amount of the subsidies acquired by the defendants is less than 40 million won.

However, the defendants' mistake is recognized by the defendants, the defendant Eul is the first offender, the defendant A has no criminal record for the same kind of crime, the defendant A deposited a total of KRW 40 million from the court of original instance to the court of original instance, and the defendant B repaid the above amount to the court of original instance to restore all damages. In full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendants' age, character and conduct, and environment, the court below's punishment against the defendants is unreasonable, and therefore, the defendants' argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendants' appeal is judged again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act, the choice of imprisonment with prison labor, as to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act of the suspended execution;